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STATE v. RUSS

No. 38623.

206 N.W.2d 561 (1973)

190 Neb. 130

STATE of Nebraska, Appellee, v. William RUSS, Appellant.

Supreme Court of Nebraska.

April 20, 1973.

Attorney(s) appearing for the Case

Welsh & Savin, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

BOSLAUGH, Justice.

The defendant appeals from a conviction for second degree murder. The assignments of error relate to the sufficiency of the evidence; a motion for a psychiatric examination; a motion for a mistrial; and whether the sentence was excessive.

The record shows that the defendant shot and killed Benny Thomas on September 29, 1971. The killing took place in front of the residence of Cheril Thomas in Omaha, Nebraska.

Cheril Thomas was divorced...

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